Immigration Clearance

What does it mean to be ‘Immigration Cleared’, and why is this important? The phrase ‘immigration cleared’ appears throughout the Migration Act 1958. It relates to the legal status of a person once they have arrived in Australia. As the act of entering Australia impacts how a person is treated under the law (i.e. once you enter on a visa, …

The ‘Fast Track’ Process for Refugees

In recent years, we have witnessed a stark – and growing – gap between how the Australian Government considers asylum seekers who arrive by boat and those who arrive by air. Purportedly in an effort to defeat ‘people smuggling’ operations, the Australian Government, supported by the Opposition, have ratcheted up punitive measures to dissuade potential migrants from crossing to Australia …

Definition of ‘Refugee’

The Australian Government provides, in section 5H of the Migration Act 1958, its current definition of what is a ‘refugee’. Section 5H relevantly states: Meaning of refugee (1) For the purposes of the application of this Act and the regulations to a particular person in Australia, the person is a refugee if the person: (a) in a case where the …